Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-20
CALIFORNIA LEGISLATURE.
TWENTY-SEVENTH SESSION = SEVEN
TENTH DAY.
SENATE.

SENATE.
SACRAMENTO, January 10, 1887.
The Senate was called to order at II o'clock
4. NJ. Ileutenant-Goyernor Waterman in the
chair Roll call and quorum present. Journal
read and approved.
Mr Sargent. Chairman of the Committee on
Fish and Game, reported back Senate B;ll No.
IS with the recommendation that it pass.
Mr.. Gesford, Chairman of the Committee on
Education, reported the recommendation of
that committee regarding the Senate concurrent
resolution, relating to the distribution of school
textbooks printed by the State be adopted.
Adopted.
Mr.. Rose reported from the special committee
10 which was referred thematter of investiga-
tion regarding the charges against Theodore A.
Lord, us follows: There are charges made by
two associations-one, the California Anti Chi
nese Non-partisan Association-charging that T.
\. ord has openly advocated the employment
OF Chinese by the State; also. many other
acts detrimental to the best interests of the
State. Second, by the State Assembly of the
Knights OF Labor of California, charging that
M Lord is wanting in fealty to the state, i'll
that he rs Director sanctioned the empioy ment
of Chlnainan by the State, and also has been
guilty OF many other acts of malfcascence in
Office, contrary to the dignity of the people.
With this before them the committee find the
following state OF facts: That there has been a
cook employed-a Chiuaman-paid by the State
for over i've years, up to August, 1886. Since
that time this cook has been paid by Mr.. .Wilkin-
SOL, OF the ASN ltlln 1nlS
man, however, receives his board in conjunc-
ton with Mr.. Wilkinson and his family, from
the State, and lives in u cottage apart from the
asylum, occupied by Mr. Wilkinson. Mr.. Wilkin-
son pays this Chiuaman out of his OVID
funds; also, that ii WAS almost impossible TO
get white help to stay at the Asylum, because
there were no places OF amusement or churches
for them to aiterd and u the Chinaman was
not employed, the Superintendent's wife would
have To do the work, for which she was unable
The Chinaman has received his pay from the
State from July 9TH to August lst-ess than a
month, and no longer. because the Controller
would not draw his warrant for it. Hr. Lord
never employed this Chinaman, any other,
and If there IS anything wrong, there are five
Directors equally cnlpable and he claims never
to have unfavorably entertained suggestions of
employing Chinese. tut undec the circum-
stances he consented to the necessity, and
at the request of the Superintendent let
him remain. He says it is not without war
rant of law, and refers to the decisions
of Judges Sawyer and Hoffman, in the case of
Parrott Judge Field in the case OF the cue oTdi-
nance, Judge Sawyer in the fish matter and the
recent decision of the United States Supreme
Court in the laundry cases of the city of
Stockton. Mr.. Lord also referred to a higher
law theConstitutinn of the United States, Ar
tcle VI; also to the fourteenth amendment. AS
TO the charges that have been attempted TO
be proven they are believed by the commit
tee to be without foundation, and the committee
thought the State was fortunate in getting serv-
ice without compensation. Also, we find that
Mr. Lord is highly recommended by Mr.. Palmer,
of Oakland who was Director for fifteen years,
and by Dr. Brceland, one of our brother Sem
ators whom it is only necessary to see and you
feel only truth can come from that sunny and
kind countenance lie speaks from personal
knowledge The committee then finds that the
charges emauate from one source, and the party
being unknown they did question his motive,
but felt there had been a amistake made from the
evidence We therefor concur in recommending
Mr. Lord for confirmation.
MI Clunie moved that the report be made the
Al rla fDr Tuesday mt = O clock
ing that he thought that there were members of
this Senate who were not prepared 10 vote upon
the quest Oh. Also, that there were matters
within his knowledge which had not been pre-
sented to the committee. and, therefore, could
not be presented to the Senate. and that these
associations had not received hearing.
Mr.. Boggs moved an amendment that ii be
considered today.
Mr.. Goucher said he was in favor of post
ponement because he thought, from his present
views that Mr. l. rd had disregarded the Con-
stitution of the State. and had said it was an
on rageous provision and therefore he could not
Mr Vrooman thought that as Mr.. Lord was a
Democrat he should be confirmed. and that there
was u charge of something without a founda-
on.
Mr.. Bowers said he had made aud listened to
a coed many Chinese speeches and thought the
Senate was wasting too much time over trivial
matter
Mr.. Rose, as Chairman of the commit ee said
the committee had taken all the matters before
port accordingly.
Mr.. Briceland made lergthy and earnest
appeal in favor of Mr.. Lord, and TO the question
that the Senate should act Immediately.
The question being called for, the ayes and
noes were demanded and the amendment of
Mr.. Baggs was adopted by the following vote
Ayes : Abbott, Boggs,, Bowers, Briceland,
Byrnes, Chand er. Crandall. Dixon, Dray, Hall,
haynes, Hinshaw Jones Laugtord, Moflitt Pat
terson, Rose, Stes le, Walrath and WilSon-20.
Noes -Caminetti, Clunic, Conklin, Crimmins,
Gesford, Goucher, Lenahan Mccarthy, Nc
Donald, Meany, Murphy. PinGer, Roth, Sargent,
Spellacy and Sullivan-l6.
Mr.. Boggs moved that the confirmation be
considered now.
involved as to Mr.. Lords position in regard to
the employment tf hinese, he moved 10 refer
it to the Committee on Judiciary.
Mr.. Vrooman rose to Il point of order. that the
ONLY question that could be before the Senat.
was the confirmation OF DR.. Lord.
The Chair sustained the point of order.
Mr.. Clunie appealed fiom the -cision of the
Chair.
The Senate sustained the Chair, by a vote of
2l ayes to Ii noes.
Mr.. Clunie, att o'clock, moved to adjourn
The ayes and rocs were demanded, and the
vote stood-ayes is. noes 10.
Mr. PoCgs said he was the champion of Mr..
Lord, bat conteudud that Mr.. Lord was not more
to blame than the other two Directors, and feit
that it should be disposed OF low. IL makes no
difference TO him which way it went.
Mr.. sargent said this question would go be-
fore the world as "ChiueSc and anti-Chinese,
aud being strictly anti Chinese. he Won vote
with Mr. lanie.
Mr. , lunie, after the Chair bad stated the
Question, arose, and addressing the Chair sew
eral times wanted 10 know if he was recog-
nized.
The Chair said he had recognized him three
times.
MIR Clunie then said he entered. his solemn
protest against the continuation of Mr.. Lord.
That there seemed to b. disposition on the
part of some Senators 10 cast suspicion upon the
Senators opposed to MIR. Lord. He spoke quite
at length against Ch nese, and said ne hoped
the Senate would consider the matter before
leaping rs there was an attempt to override the
law and Constitution. and appealed TO the Sen
are on behalf OF the Knights of Lsbor and other
organizations to VOC against IL.
Mr. Vrooman thought The question had not
been reached. There was no question as to
whether Mr.. Lord employed Chinese, because
there was 10 testimony that he had. If there
was evidence that Mr.. Lord had violated the
Constitution by employing Chinese he would
not be advocating his cause: but there being 10
charge of that kind, or that he ever vo'ed to
employ Chinese in that institution, we could
only revert to his confirmation.
Mr. Chandler said that Mr.. Lold was not il
fiver of employing the chinaman snd wanted
to discharge him. lie had personal conversa-
ton with meu outside of that institution, who
had warmly inhorsed Sir. Lord and thought
this vas only piece of spite work br iipht by
one person. Tie instittui Il always had the best
of d rectors, an he thought Mr.. Lord should be
confirmed.
Mr. Meany said the Impression left with him
when he was ia the committee-room was that
Mr. Lord himself said he would d. the same
thing again.
Mr. GoucheT said he had heard Mr.. Lord say
there was higher law than that outrageous
provision of the State Constitutions: snd Mr.
Lord said il that Cinnamon were discharged it
would Ycsu in three wrongs-First, to a white
man and his family: second to the Chiuaman,
because he was an efficient servant, and third,
to the Chinaman to discharge him on account
of his nationality.
Mr.. Mccarthy moved to refer the subject mat
ter before the house TO the Committee on Chi
nese immigration
Mr.. yrooman raised the point of order that
the only question was the confirmation of Mr..
Lords appointment.
The Chair sustained the poipt OF order.
Mr.. Caminetti read the rules relating to refer
ring, and an appeal was had from the decision
of the Chair.